New York Expands Statutes of Limitations for Sexual Assault Charges

On Sept. 18, New York Governor Andrew Cuomo signed a bill into law extending the statute of limitations for victims of rape and other sex crimes to file sexual assault charges.

New York Governor Updates Sexual Abuse Laws

While New York’s previous statute of limitation for reporting second- and third-degree rape only gave victims 5 years to file sexual assault charges or lawsuits, the new law has expanded these time frames according to CNN. Under the new law, the statute for reporting second-degree rape and criminal sexual acts has increased to 20 years, and to 10 years for third-degree rape and criminal sexual acts.

The statute of limitations for first-degree incest has been eliminated, and the statute for second-degree incest has been expanded to 20 years.

Speaking about the updates to New York’s sexual assault laws, Gov. Cuomo said, “Five years is an insult to these survivors and today we’re providing them more time to come to terms with the trauma they experienced and to seek justice. This new law recognizes the injustice that has gone on for far too long and honors all the women who have suffered this pain and all the advocates who had the courage to come forward and tell their story so that other women may be spared the pain.”

Gov. Cuomo was joined at the signing by actresses and Time’s Up activists Julianne Moore, Amber Tamblyn, Mira Sorvino, and Michelle Hurd. Mira Sorvino, who has spoken out against sexual violence in the past, stated according to NBC New York, “There is a hunger out there for justice and we are here to tell all of you who feel that hunger that we are getting closer to that day when predators will not abuse unabated in an atmosphere of impunity.”

These newest updates to New York’s sexual assault laws come after Gov. Cuomo extended the statute of limitations for employment sexual harassment claims, and signed the Child Victims Act into law earlier this year.

Under the new employment sexual harassment laws, victims have three years to file claims. Under the Child Victims Act, survivors of childhood sexual abuse and assault have until age 28 to file criminal charges, and until age 55 to file civil suits.

Sexual Assault Law Updates Allow More Victims to File Sexual Assault Charges

Due to the overhaul of many of the state’s sexual assault laws, New York is now one of the nation’s strictest states when it comes to rape and sexual abuse. According to victims, and victim advocates, these changes are past due.

Under the new laws including the Child Victims Act, victims of childhood abuse from Boy Scout troop leaders and volunteers, staff and volunteers at after school programming, coaches, priests, and other adults who abused their positions to assault children are now able to file their cases. In many cases of childhood sexual assault, victims’ cases had previously expired under the previous laws.

Due to a look back window that has been instituted to cover these cases, victims may still have time to file sexual assault charges against their abusers. New York’s look back window opened in August for victims whose cases had previously expired, and will be open until August 2020 for victims to file claims.

This article is not legal advice. It is presented
for informational purposes only.